HB 573 — Statute of limitations; collection of medical debt.

SESSION SENATEENROLLED SUBSTITUTEVIRGINIA 22107160DACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact §§ 8.01-246 and 8.01-249 of the Code of Virginia, relating to statute of limitations;

573actions AMENDMENTon INa THEcontract NATUREfor OFservices Aprovided SUBSTITUTE (Proposed by thea Senatelicensed Committeehealth oncare theprovider.R JudiciaryO on[H February573] 28,Approved 2022)L (PatronL Prior to Substitute––Delegate Clark) A BILL to amend and reenact §§ 8.01-246 and 8.01-249 of the Code of Virginia, relating to statute of Be it enacted by the General Assembly of Virginia:ovidedVirginia: by a licensed health care provider.

E § 8.01-246.

A.D § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued:

Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon years next after the cause of action shall have accrued:shall be brought within the following nSmber of 1.

NH 2.

In actions on any contract that is not otherwise specified and that is in writing and signedsig5ed by the not;y to be charged thereby, or by his agent, within five years whether such writing be under sAals3al or 3.

In actions by a partner against another for settlement of the partnership account or in aTtionsactions upon accounts concerning the trade of merchandise between merchant and merchant, their factors, or servants, within five years from the cessation of the dealings in which they are interested together;

E 4.

In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, wit5.within three years;

In5. actions, including those brought by the Commonwealth, upon any contract under subdivision 2 or 4 for health care services that were provided by a licensed health care provider, within three years after the cause of action accrues pursuant to subdivision 10 of § 8.01-249.

UIn actions, including those brought by the Commonwealth, upon any contract under subdivision 2 after the cause of action accrues pursuant to subdivision 10 of § 8.01-249.provider, within three years Provided that as to B.

In the case of any action to which § 8.2-725 of the Uniform CommerciaBCommercial Code is applicable, that section shall be controlling except that in products liability actions for injury to person §and 8.01-243for shallinjury apply.rty,to property, other than the property subject to contract, the limitation prescriSedprescribed in § 8.01-249.8.01-243 shall apply.

§ 8.01-249.

TThe :cause of action in the actions herein listed shall be deemed to accrue as follows:

361. The cause of action in the actions herein listed shall be deemed to accrue as follows:

37In 1.actions for fraud or mistake, in actions for violations of the Consumer Protection Act of contract for undue influence, when such fraud, mistake, misrepresentation, deception, or unduescission influence is discovered or by the exercise of due diligence reasonably should have been discovered;

In2. actions for fraud or mistake, in actions for violations of the Consumer Protection ActI 38 (§ 59.1-196 et seq.) based upon any misrepresentation, deception, or fraud, and in actions for Tescission 39 of contract for undue influence, when such fraud, mistake, misrepresentation, deception, or undUe inf2.

In actions for malicious prosecution or abuse of process, when the relevant criminal or cEvilcivil action is terminated;

In actions for injury to the person resulting from exposure to asbestos or products containing asbestos-relatedasbestos, injurywhen a diagnosis of asbestosis, interstitial fibrosis, mesothelioma, or diseaseother isdisabling firstHowever, communicatedno tosuch theaction personmay orbe hisbrought agentmore bythan atwo physician.years after the death of such person.

Thecian.

diagnosis of a nonmalignant asbestos-related injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant asbestos-related injury or disease, and such subsequent diagnosis shall constitute a separate injury that shall accrue an action when such diagnosis is first communicated to the person or his agent by a physician;

4a.

In actions for injury to the person resulting from the exposure to a substance or a combination of substances or the use of a product, when such injury is latent, other than (i) those asbestos-related injuries specified in subdivision 4 and (ii) claims against health care providers as defined in injury-causing substance or product.

TheFor diagnosispurposes of athis nonmalignantsubdivision, asbestos-related"latent" injuryrefers orto diseaseinjuries shallthat notremain accruedormant an action based upon the subsequent diagnosis of a2 malignant asbestos-related injury or disease,do andnot suchdevelop subsequentand, diagnosistherefore, shallare constituteundiagnosable aduring separatethe injuryperiod thatof shalllimitations accrueset anforth actionin whensubsection suchA diagnosisof is§ first8.01-243; comHunicated to the person or his agent by a physician;

5 substances or the use of a product, when such injury is latent, other than (i) those asbestos-relatedn of injuries specified in subdivision 4 and (ii) claims against health care providers as defined in1 § 8.01-581.1, when the person knew or should have known of the injury and its causal connection to an injury-causing substance or product.

However, no such action may be brought more than two years after the death of such person.

For purposes of this subdivision, "latent" refers to injuries that remain dormant or do not develop and, therefore, are undiagnosable during the period of limitations set forth in HB573S1 2 of 2 subsection A of § 8.01-243;

In actions on a contract between a natural person and a licensed health care provider for services by such provider, 30 days after the later of (i) issuance of the initial invoice or the due date stated in such invoice to the patient or person legally responsible for payment or (ii) if the patient voluntarily enters into a payment plan with the provider, 30 days after the default date contained in such payment plan, provided that any lien perfected in writing pursuant to § 8.01-66.5 shall not toll such statute of limitations during the pendency of any action for any injuries relating to such services.